Case Note & Summary
The Writ Petition (PIL) No. 1515 of 2008, along with Contempt Petition No. 168 of 2014 and Writ Petition No. 123 of 2019, was filed in the High Court of Judicature at Bombay, Nagpur Bench, as a public interest litigation. The petitioners — social workers including Madhukar Sampatrao Patil, Hansdas Pralhad Ramteke, Anil Jagannath Ramteke, and Navin Chandra Sahare — sought a writ of mandamus directing the State of Maharashtra (through its Urban Development and Revenue Departments), the Nagpur Municipal Corporation, the District Collector, and the Commissioner of Police to immediately remove encroachments on lands reserved for public utility, garden, dispensary, and educational purposes in the Bezanbag area of Nagpur and to ensure such encroachments do not recur. The petition underscored the apathy and inaction of the authorities in removing these encroachments, which deprived local residents of public amenities. By an administrative order dated 14-2008, the Senior Administrative Judge directed that the petition be treated as Public Interest Litigation. Subsequently, additional respondents were impleaded: Bezanbagh Sangharsh Samitee by order dated 31-3-2009, Bezonbagh Pragatisheel Kamgar Gruha Nirman Sahakari Sanstha Ltd. by order dated 18-11-2009, and the Hon'ble Chief Minister of Maharashtra by order dated 11-4-2012. Interveners supporting the PIL were added by order dated 21-1-2012. Petitioner No. 1, Atmaram Dasrath Ukey, was deleted by order dated 6-5-2014. A contempt petition (No. 168 of 2014) was filed alleging non-compliance with the court's directions. Later, a fresh writ petition (No. 123 of 2019) was lodged by 22 residents of Bezonbaug with similar prayers. The matter was heard by a division bench comprising Justice R.K. Deshpande and Justice Vinay Joshi, and was reserved for judgment on 9 January 2019. Judgment was pronounced on 26 February 2019. However, the available text of the judgment ends before the court's analysis and final directions, and thus the outcome of the petitions is not discernible.
Issue of Consideration
Whether directions should be issued to command the respondents to immediately remove the encroachments made on lands reserved for public utility, garden, dispensary, and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation, and to prevent future encroachments.
Case Details
2019 LawText (BOM) (02) 98
Writ Petition (PIL) No. 1515 of 2008, Contempt Petition No. 168 of 2014, Writ Petition No. 123 of 2019
R.K. Deshpande, Vinay Joshi
Shri F.T. Mirza, Shri S.P. Dharmadhikari, Shri S.M. Ukey, Shri S.M. Puranik, Shri A.H. Patil, Shri S.P. Bhandarkar
Madhukar Sampatrao Patil, Hansdas Pralhad Ramteke, Anil Jagannath Ramteke, Navin Chandra Sahare
The State of Maharashtra, Urban Development Department, Revenue Department, Nagpur Municipal Corporation, District Collector Nagpur, Commissioner of Police Nagpur, Bezanbagh Sangharsh Samitee, Bezonbagh Pragatisheel Kamgar Gruha Nirman Sahakari Sanstha Ltd., Hon'ble Chief Minister of Maharashtra
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Nature of Litigation
Public Interest Litigation seeking removal of encroachments on lands reserved for public utility, garden, dispensary, and educational purposes in Bezanbag area, Nagpur
Remedy Sought
A writ of mandamus commanding the respondents to immediately remove the encroachments made on lands reserved for public utility, garden, dispensary, and educational purposes from the Bezanbag area in Nagpur Municipal Corporation, and to prevent further encroachments
Filing Reason
The petition highlighted the apathy and inaction on the part of the respondents to remove encroachments on public utility land, thereby affecting the interests of Bezanbag residents
Previous Decisions
The petition was directed to be treated as Public Interest Litigation by administrative order dated 14-2008 of the Senior Administrative Judge at Nagpur Bench. No other previous decisions are mentioned in the available text.
Issues
Whether directions should be issued to command the respondents to immediately remove the encroachments made on lands reserved for public utility, garden, dispensary, and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation.
Whether directions should be issued to prevent future encroachments after their removal.
Judgment Excerpts
This petition is filed in public interest to command the respondents to immediately remove the encroachments made on the lands reserved for public utility, garden, dispensary and educational purposes from the Bezanbag area in the Nagpur Municipal Corporation.
By an administrative order dated 14-2008 passed by the then Senior Administrative Judge at the Nagpur Bench of the Bombay High Court, the petition was directed to be treated as Public Interest Litigation, as it highlights the apathy and inaction on the part of the respondents to remove the encroachments on the public utility land and espouse the cause of the Bezanbag residents.
Procedural History
The PIL was filed as WP (PIL) No. 1515 of 2008. By administrative order dated 14-2008, the petition was treated as PIL. Notice was issued on 3-4-2008. Respondent No. 6 (Bezanbagh Sangharsh Samitee) was added on 31-3-2009. Respondent No. 7 (cooperative society) was added on 18-11-2009. Interveners were directed to be added on 21-1-2012. Respondent No. 8 (Hon'ble Chief Minister) was added on 11-4-2012. Petitioner No. 1 was deleted on 6-5-2014. Contempt Petition No. 168 of 2014 was filed. Writ Petition No. 123 of 2019 was filed by 22 residents. The matter was reserved for judgment on 9 January 2019 and judgment pronounced on 26 February 2019.
